TruYoga Terms & Conditions

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Last Updated August 30^th, 2021

General Terms

By accessing and placing an order with us, you confirm that you are in agreement with us and bound by the terms of Service contained in the Terms & Conditions outlined below. These terms apply to the entire website, our social media pages (such as Facebook, Instagram, etc.), mobile apps and any email or other type of communication between you and us.

Under no circumstances shall our team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if team or an authorized representative has been advised of the possibility of such damages. If your use of material from this site results in the need for servicing, repair or correction of equipment of data, you assume any costs thereof.

We will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.

License

TruYoga grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use our Service strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and TruYoga (referred to in these Terms & Conditions as "TruYoga", "us", "we" or "our"), the provider of the TruYoga website and the Service accessible from the TruYoga website (which are collectively referred to in these Terms & Conditions as the "TruYoga Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Service.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the Service.

Definitions and key terms for this Terms & Conditions

• Cookie: small amount of data generated by a websi and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions "Company", "TruYoga" "we," "us," or "our," it refers to Tru Yoga Limited, that is responsible for your information under this Privacy Policy.
• Country: where TruYoga or the owners/founders of TruYoga are based, in this case is the Republic of Ireland.
• Customer: refers to the company, organization or person that signs up to use the TruYoga Service to manage the relationships with your consumers or Service users.
• Device: any Internet connected device such as a phone, tablet, computer or any other device that can used to visit TruYoga and the use the Service.
• IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
• Personnel: refers to those individuals who are employed by TruYoga or are under contract to perform a Service on behalf of one of the parties.
• Personal Data: any information that directly, indirectly, or in connection with other information —including a personal identification number —allows for the identification or identifiability of a natural person.
• Service: refers to the Service provided by TruYoga as described in the relative terms (if available) and this platform. In general, TruYoga’s website and apps (hereinafter referred to as the “Website“) is an intelligent tool which challenges people to live fulfilling lives by providing members of all skill levels: (1) high quality movement classes, (2) educational materials about health and wellness, and (3) a community of people interested in living their true potential.
• Third-party Service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or Service we think may interest you.
• Website: TruYoga's site, which can be accessed via this URL: https://tru.yoga.
• You: a person or entity that is registered with TruYoga to use the Service. If you are a natural person, You must be 18 years of age or older to use the Service and to be fully able and competent to enter into, and abide by this Agreement. The Service is not intended for those under the age of 18 and in this case the Service is void where prohibited.

Account

In order to use the Service, you must create an account. We also provide a portion of content that is accessible without creating an account in order to provide you with the ability to verify suitability of the Service to your interest. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to [email protected].

User Content

In connection with registration for a TruYoga account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.

Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and our business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to us in these Terms. You may modify or remove your User Content via your TruYoga Account or by terminating your TruYoga Account, but we may, in accordance with our Privacy Policy, retain in its systems and use non-personally identifiable data that is derived from your User Content.

You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or Service competitive with us or our partners’ products and Service, as determined by us in our sole discretion; or (vi) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose us, our affiliates, or users to harm or liability of any nature.

Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and have absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

Health Disclaimer

Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a TruYoga instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Service. We are not a medical organization, and our instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing TruYoga videos. Nothing contained in the Service should be construed as any form of such medical advice or diagnosis.

By using the Service, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from us, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time-to-time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against us, or any person or entity involved with us, including without limitation our directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

Payment

You can become a TruYoga Member by signing up to pay monthly, quarterly, or annual fees for unlimited access to our Service. The fee will be billed at the beginning of the paying portion of your membership and each month or quarter or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.

If you register to any of our payment plans (recurring or non-recurring), you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") as a condition to signing up for the Service. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. We are not responsible for any errors by the Payment Provider.

By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization's administrator(s). Any attorney fees, court costs, or other costs included in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service. In connection with your use of the Service, we will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

Return and Refund Policy

Thanks for shopping with us. We appreciate the fact that you like to buy the Service we provide. We also want to make sure you have a rewarding experience while you're exploring, evaluating, and ordering our Service. As with any shopping experience there are terms and conditions that apply to transactions at our company. In brief, the main thing to remember is that by placing an order or making a purchase from us, you agree to the terms along with our Privacy Policy. If, for any reason, You are not completely satisfied with any good or Service that we provide, don't hesitate to contact us and we will try to discuss any of the issues you are going through with our Service or products.

However, please do keep in mind that we have to maintain an entire operation, pay our instructors, employees and other service providers, all while trying to provide you with the best Service we know. Therefore, our policy is that all payments are final and non-refundable (subject to any laws that may apply to you). Also, there are no credits for partially used periods. Following a cancellation of your account, you will, however, continue to have access to your TruYoga membership through the end of your current billing period.

Your Consent

We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our Service, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party site Service.

Cookies

We use "Cookies" to identify those areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our platform as we would not be able to remember that you had logged in previously.

Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. For more details on Cookies and how we use them, please visit our Privacy Policy page and our Cookies Policy page.

Cancelation, Modifications and Updates to Our Service

You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. To cancel your recurring subscription, please visit your membership settings at https://tru.yoga/profile/mailing. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account, starting at the end of your billing period. If you choose to sign back up as a member, your billing date will update to the day you paid.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any Service to which it connects, with or without notice and without liability to you.

We may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Service, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Service

We may display, include or make available third-party content (including data, information, applications and other products Service) or provide links to third-party websites or Service ("Third-Party Service"). You acknowledge and agree that we shall not be responsible for any Third-Party Service, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Service. Third-Party Service and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all of the Service and delete all copies of the Service from your computer. Termination of this Agreement shall not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyrighted Material

If you are a copyright owner or such owner's agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and email; (d) a statement by you that our use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Indemnification

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or Service, operate without interruption to any performance or reliability standards or to be free from any errors or that defects can or will be corrected.

Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, hence some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

No Waiver

Except as provided herein, the failure by us to exercise a right or to require performance of an obligation under this Agreement shall not effect our ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of us, any right or any power under this Agreement shall operate as a waiver of that right or power, nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted to us herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.

Amendments to this Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service, and you are expected to delete your account.

Entire Agreement

The Agreement, along with our Privacy Policy, Cookies Policy and any other notice or policy we may provide henceforth, all as may be amended from time to time, constitutes the entire agreement between you and us regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other Service from us, which we will provide to you at the time of such use or purchase.

Intellectual Property

Our platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Governing Law, Venue and Languages

These Terms will be governed by and construed in accordance with the laws of the Republic of Ireland. You agree that any judicial proceedings will be brought in, and you hereby consent to the exclusive jurisdiction and venue in the courts in Dublin, Ireland.

We offer our Service in different languages, as the case may be from time to time, since it is our goal to reach as many people as possible worldwide. We believe that our Service can benefit each and every one, regardless of age, gender, race or ethnicity. It is therefore up to you, the user, to choose the best option suitable for you, and hopefully we can provide you with the Service in the language you feel most comfortable with.

Having said that, we operate and control our Website and Service from our offices in Dublin, Ireland. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Also, the original version of this Agreement is in English. If you are reading a version of this Agreement in any language other than English, please be advised that you are reading a translated version of the original Agreement which is written in English, and in any event of a conflict or a discrepancy between the two versions, the English-language version of the Agreement shall prevail.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider, or any other service provider related to your use of the Service, including without limitation any data charges, and other fees.

Contact Us

Don’t hesitate to contact us if you have any questions.

• Via Email: [email protected]
• Via this Link: [link to form]
• Via mail to this Address: [________]